Gallagher v. Hathaway Manufacturing Corp.
Massachusetts Supreme Judicial Court
Contract to recover a balance due for wages. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, upon agreed facts, in substance as follows. The defendant, a cotton manufacturing corporation, made a written offer that it would pay for weaving a cut of cloth of a style designated as No. 294 as follows: for a cut of first quality, $1.17; for a cut of second quality, 58i cents.
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Contract to recover a balance due for wages. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court on appeal, upon agreed facts, in substance as follows. The defendant, a cotton manufacturing corporation, made a written offer that it would pay for weaving a cut of cloth of a style designated as No. 294 as follows: for a cut of first quality, $1.17; for a cut of second quality, 58i cents. Whether a cut of cloth woven was to be classed as first or second quality was to be determined by the defendant’s superintendent. The plaintiff went to work before…
1Opinion of the CourtHolmes, J.
We have made an effort to settle the questions at issue between the parties on this agreed statement, but we have found it impossible. Neither we nor the Superior Court can draw inferences of fact from an agreed statement. Old Colony Railroad v. Wilder, 137 Mass. 536, 538. , Yet the most important issues between the parties are left dependent upon conclusions of fact which are not drawn in the statement. The first of these is whether the plaintiff contracted on the terms of the notice. She had read it, but on the other hand she had gone to work before she had read it, so that there is a…
2Cases cited1 opinion
- Old Colony Railroad v. WilderMassachusetts Supreme Judicial Court · 1884
3Cited by7 opinions
- DeVeer v. PiersonMassachusetts Supreme Judicial Court · 1915
- Cunningham v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1909
- Olds v. City Trust, Safe Deposit & Surety Co.Massachusetts Supreme Judicial Court · 1904
- Mann v. United Motor Boston Co.Massachusetts Supreme Judicial Court · 1917
- Gallagher v. Hathaway Manufacturing Corp.Massachusetts Supreme Judicial Court · 1898
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